Stosunek pracy lekarzy na kontraktach w kontekście ochrony przed mobbingiem

Abstract

The employment relationship of doctors under civil law contracts in the context of protection against mobbing

Currently, the labour market shows an increase under civil-law employment. This also applies to doctors who are employed on the basis of civil law contracts, so-called contracts. Even though their work takes the features of employment relationship, they are not covered by protection against mobbing in comparison with employees in the meaning of article 2 of Labour Code. Mobbing, which is an extremely dangerous phenomenon, resulting in serious consequences, both in the professional and private sphere, can affect any professional group, regardless of the form of employment, and is increasingly visible among doctors. The protection against mobbing should be related not only to the labor law regime and the status of an employee, but also to the obligation to protect human dignity. The aim of this article is to examine the possibility of extending the protective function of labor law, primarily protection against mobbing, to health-care professionals employed under civil-law contracts.

The article analyzes the provisions of the Labor Code and the Civil Code as well as exemplary provisions of service contracts concluded by doctors. The psychological background of the title problem was also discussed. A key conclusion of this article is necessity to take steps facilitating extending protection against mobbing provided for Labour Code on health-care professionals.